SHEROD DION LUKE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SHEROD DION LUKE, APPELLANT,
STATE OF FLORIDA, APPELLEE
867 So. 2d 617
Florida District Court of Appeal, Second District (2004)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Sherod Dion Luke appeals his judgment and sentence for conspiracy to commit robbery. We affirm the conviction but remand to correct a scrivener’s error in the judgment. The judgment erroneously lists Mr. Luke’s conviction as conspiracy to commit robbery with a firearm, a second-degree felony. The State concedes that the judgment should reflect the actual charge and conviction of conspiracy to commit robbery, a third-degree felony. See § 777.04, Fla. Stat. (2000).
Affirmed; remanded to correct scrivener’s error. ALTENBERND, C.J., and WHATLEY and NORTHCUTT, JJ., Concur.
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Baltimore v. State, 873 So. 2d 626 (Fla. 2d DCA 2004)…presented at trial to support a “surreptitious remaining in” the dwelling by Baltimore. His conviction must be reversed and remanded for a new trial. In concluding that Delgado applies to Baltimore’s case, we follow our holding in Smith v. State, 867 So. 2d 617 (Fla. 2d DCA 2004), in which we aligned this court with the views of the First District Court of Appeal in Foster v. State, 861 So. 2d 434, 442-43 (Fla. 1st DCA 2002) (opinion on rehearing). Reversed and remanded for new trial. FULMER, J., and D…